Full Text of HB0865 99th General Assembly
HB0865ham001 99TH GENERAL ASSEMBLY | Rep. William Davis Filed: 4/4/2016
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| 1 | | AMENDMENT TO HOUSE BILL 865
| 2 | | AMENDMENT NO. ______. Amend House Bill 865 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The MC/DD Act is amended by adding Section | 5 | | 3-305.5 as follows: | 6 | | (210 ILCS 46/3-305.5 new) | 7 | | Sec. 3-305.5. Violation of the Nurse Practice Act. A | 8 | | facility that fails to submit any required report under Section | 9 | | 85-10 of the Nurse Practice Act is subject to discipline under | 10 | | this Article. | 11 | | Section 10. The Nurse Practice Act is amended by adding | 12 | | Article 85 as follows: | 13 | | (225 ILCS 65/Art. 85 heading new) | 14 | | ARTICLE 85. BASIC SUCTIONING AIDE PILOT PROGRAM |
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| 1 | | (225 ILCS 65/85-5 new) | 2 | | Sec. 85-5. Definitions. For the purposes of this Article | 3 | | only: | 4 | | "Basic suctioning" means the process of using oral | 5 | | suctioning of the upper airway to remove foreign matter, such | 6 | | as mucus, fluids, or blood, which may involve the use of a | 7 | | Yankauer suction catheter. | 8 | | "Basic suctioning aide" means a person who has met the | 9 | | qualifications for licensure under
this Article who assists | 10 | | with basic suctioning administration while under the | 11 | | supervision of a
registered professional nurse (RN) in a | 12 | | facility licensed under the MC/DD Act. | 13 | | "Qualified employer" means a facility in good standing | 14 | | under the MC/DD Act. | 15 | | (225 ILCS 65/85-10 new) | 16 | | Sec. 85-10. Pilot program. | 17 | | (a) The Department shall administer and enforce a Licensed | 18 | | Basic Suctioning Aide Pilot Program. The
program shall last for | 19 | | a period of 3 years, as determined by rule.
During the 3-year | 20 | | pilot program, the Department shall license and regulate | 21 | | licensed
basic suctioning aides. The Department may consult
| 22 | | with the Department of Public Health as necessary to properly | 23 | | administer and enforce this Article. | 24 | | (b) To be approved as a qualified facility for the duration |
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| 1 | | of the pilot program, a facility must: | 2 | | (1) be a licensed facility in good standing under the | 3 | | MC/DD Act; | 4 | | (2) certify that the employment of a licensed basic | 5 | | suctioning aide will not
replace or diminish the employment | 6 | | of a registered nurse or licensed practical nurse at
the | 7 | | facility; | 8 | | (3) certify that a registered nurse will be on-duty and | 9 | | present in the facility to
delegate and supervise the basic | 10 | | suctioning administration by a licensed basic suctioning | 11 | | aide at
all times; | 12 | | (4) certify that, with the exception of licensed health | 13 | | care professionals,
only licensed basic suctioning aides | 14 | | will be employed in the capacity of administering
basic | 15 | | suctioning; and | 16 | | (5) provide information regarding patient safety,
| 17 | | efficiency, and errors as determined by the Department; | 18 | | failure to submit any
required report may be grounds for | 19 | | discipline or sanctions under this Act, the
Nursing Home | 20 | | Administrators Licensing and Disciplinary Act, or the | 21 | | MC/DD Act. | 22 | | The Department shall submit a report regarding patient | 23 | | safety, efficiency, and errors, as
determined by rule, to the | 24 | | General Assembly no later than 6 months after termination of | 25 | | the pilot
program. |
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| 1 | | (225 ILCS 65/85-15 new) | 2 | | Sec. 85-15. Licensure requirement; exempt activities. | 3 | | (a) On and after January 1, 2017, no person shall
practice | 4 | | as a basic suctioning aide or hold himself or herself out as a | 5 | | licensed basic suctioning aide in this State
unless he or she | 6 | | is licensed under this Article. | 7 | | (b) Nothing in this Article shall be construed as | 8 | | preventing or restricting the practice, services, or
| 9 | | activities of: | 10 | | (1) any person licensed in this State by any other law | 11 | | from engaging in the profession or
occupation for which he | 12 | | or she is licensed; | 13 | | (2) any person employed as a basic suctioning aide by | 14 | | the government of the United States, if
such person | 15 | | practices as a basic suctioning aide solely under the | 16 | | direction or control of the
organization by which he or she | 17 | | is employed; or | 18 | | (3) any person pursuing a course of study leading to a | 19 | | certificate in basic suctioning at an
accredited or | 20 | | approved educational program if such activities and | 21 | | services constitute a part of a
supervised course of study | 22 | | and if such person is designated by a title which clearly | 23 | | indicates his
or her status as a student or trainee. | 24 | | (c) Nothing in this Article shall be construed to limit the | 25 | | delegation of tasks or duties by a
physician, dentist, advanced | 26 | | practice nurse, or podiatric physician as authorized by law. |
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| 1 | | (225 ILCS 65/85-20 new) | 2 | | Sec. 85-20. Scope of practice. | 3 | | (a) A licensed basic suctioning aide may only practice in a | 4 | | qualified facility. | 5 | | (b) Licensed basic suctioning aides must be supervised by | 6 | | and receive delegation by a registered
nurse that is on-duty | 7 | | and present in the facility at all times. | 8 | | (c) Licensed basic suctioning aides shall not administer | 9 | | any basic suctioning until a physician has conducted an initial | 10 | | assessment of the
resident. | 11 | | (225 ILCS 65/85-25 new) | 12 | | Sec. 85-25. Unlicensed practice; violation; civil penalty. | 13 | | (a) In addition to any other penalty provided by law, any | 14 | | person who practices, offers to
practice, attempts to practice, | 15 | | or holds oneself out to practice as a basic suctioning aide | 16 | | without being
licensed under this Act shall, in addition to any | 17 | | other penalty provided by law, pay a civil penalty
to the | 18 | | Department in an amount not to exceed $10,000 for each offense | 19 | | as determined by the
Department. The civil penalty shall be | 20 | | assessed by the Department after a hearing is held in
| 21 | | accordance with the provisions set forth in this Act regarding | 22 | | the provision of a hearing for the
discipline of a licensee. | 23 | | (b) The Department has the authority and power to | 24 | | investigate any and all unlicensed activity. |
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| 1 | | (c) The civil penalty shall be paid within 60 days after | 2 | | the effective date of the order imposing
the civil penalty. The | 3 | | order shall constitute a judgment and may be filed and | 4 | | execution had
thereon in the same manner as any judgment from | 5 | | any court of record. | 6 | | (225 ILCS 65/85-30 new) | 7 | | Sec. 85-30. Applications for original licensure. | 8 | | Applications for original licensure shall be made to
the | 9 | | Department in writing on forms prescribed by the Department and | 10 | | shall be accompanied by
the required fee, which shall not be | 11 | | returnable. The application shall require such
information as, | 12 | | in the judgment of the Department, will enable the Department | 13 | | to pass on the
qualifications of the applicant for licensure. | 14 | | Applicants have 3 years after the date of application
to | 15 | | complete the application process. If the process has not been | 16 | | completed within 3 years, the
application shall be denied, the | 17 | | fee forfeited, and the applicant must reapply and meet the
| 18 | | requirements in effect at the time of reapplication. | 19 | | (225 ILCS 65/85-35 new) | 20 | | Sec. 85-35. Examinations. The Department shall authorize | 21 | | examinations of applicants for a license
under this Article at | 22 | | the times and place as it may designate. The examination shall | 23 | | be of a
character to give a fair test of the qualifications of | 24 | | the applicant to practice as a basic suctioning aide. |
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| 1 | | Applicants for examination as a basic suctioning aide shall | 2 | | be required to pay, either to the
Department or the designated | 3 | | testing service, a fee covering the cost of providing the
| 4 | | examination. Failure to appear for the examination on the | 5 | | scheduled date, at the time and place
specified, after the | 6 | | applicant's application for examination has been received and | 7 | | acknowledged
by the Department or the designated testing | 8 | | service, shall result in the forfeiture of the
examination fee. | 9 | | If an applicant fails to pass an examination for | 10 | | registration under this Act within 3 years after
filing his or | 11 | | her application, the application shall be denied. The applicant | 12 | | may thereafter make a new
application accompanied by the | 13 | | required fee; however, the applicant shall meet all | 14 | | requirements
in effect at the time of subsequent application | 15 | | before obtaining licensure. The Department may
employ | 16 | | consultants for the purposes of preparing and conducting | 17 | | examinations. | 18 | | (225 ILCS 65/85-40 new) | 19 | | Sec. 85-40. Licensure by examination. An applicant for | 20 | | licensure by examination to practice as a licensed basic | 21 | | suctioning aide
must: | 22 | | (1) submit a completed written application on forms | 23 | | provided by the Department and fees
as established by the | 24 | | Department; | 25 | | (2) be age 18 or older; |
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| 1 | | (3) have a high school diploma or a certificate of | 2 | | general education development (GED); | 3 | | (4) demonstrate the ability to speak, read, and write | 4 | | the English language, as determined by
rule; | 5 | | (5) be currently certified in good standing as a | 6 | | certified nursing assistant; | 7 | | (6) submit to the criminal history records check | 8 | | required under Section 50-35 of this Act; | 9 | | (7) have not engaged in conduct or behavior determined | 10 | | to be grounds for discipline under
this Act; | 11 | | (8) be currently certified to perform cardiopulmonary | 12 | | resuscitation by the American Heart
Association or | 13 | | American Red Cross; | 14 | | (9) have successfully completed a course of study | 15 | | approved by the Department as defined
by rule; to be | 16 | | approved, the program must include a minimum of 8 hours of | 17 | | classroom-based suctioning aide education and
a minimum of | 18 | | 5 hours of registered nurse-supervised clinical practicum | 19 | | with progressive responsibility
of patient suctioning | 20 | | assistance; such course of study and training may be | 21 | | developed by the qualified facility staff with approval by | 22 | | the Department; | 23 | | (10) have successfully completed the Basic Suctioning | 24 | | Aide Certification Examination or other
examination | 25 | | authorized by the Department; and | 26 | | (11) submit proof of employment by a qualifying |
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| 1 | | facility. | 2 | | (225 ILCS 65/85-45 new) | 3 | | Sec. 85-45. Expiration of license. The expiration date for | 4 | | each license to practice as a licensed basic suctioning aide | 5 | | shall be set by
the rule. Licenses under this Article may not | 6 | | be renewed or restored. | 7 | | (225 ILCS 65/85-50 new) | 8 | | Sec. 85-50. Administration and enforcement. Licenses | 9 | | issued under this Article are subject to Article 70, including | 10 | | grounds for disciplinary action under Section 70-5 of this Act. | 11 | | (225 ILCS 65/85-55 new) | 12 | | Sec. 85-55. Title. Any person who is issued a license as a | 13 | | basic suctioning aide under the terms of this Act shall
use the | 14 | | words "licensed basic suctioning aide" in connection with his | 15 | | or her name to denote his or her
licensure under this Act. | 16 | | (225 ILCS 65/85-60 new) | 17 | | Sec. 85-60. Rules. The Department shall file rules to | 18 | | administer this Article within 90 days after the
effective date | 19 | | of this amendatory Act of the 99th General Assembly. | 20 | | Section 15. The Nursing Home Administrators Licensing and | 21 | | Disciplinary Act is amended by changing Section 17 as follows: |
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| 1 | | (225 ILCS 70/17) (from Ch. 111, par. 3667) | 2 | | Sec. 17. Grounds for disciplinary action. | 3 | | (a) The Department may impose fines not to exceed $10,000
| 4 | | or may
refuse to issue or to renew, or may revoke, suspend, | 5 | | place on probation,
censure, reprimand or take other | 6 | | disciplinary or non-disciplinary action with regard to the
| 7 | | license of any person, for any one or combination
of the | 8 | | following causes: | 9 | | (1) Intentional material misstatement in furnishing | 10 | | information
to
the Department. | 11 | | (2) Conviction of or entry of a plea of guilty or nolo | 12 | | contendere to any crime that is a felony under the laws of | 13 | | the United States
or any
state or territory thereof or
a | 14 | | misdemeanor of which an
essential element is dishonesty or | 15 | | that is directly
related to the practice of the profession | 16 | | of nursing home administration. | 17 | | (3) Making any misrepresentation for the purpose of | 18 | | obtaining
a license,
or violating any provision of this | 19 | | Act. | 20 | | (4) Immoral conduct in the commission of any act, such | 21 | | as
sexual abuse or
sexual misconduct, related to the | 22 | | licensee's practice. | 23 | | (5) Failing to respond within 30
days, to a
written | 24 | | request made by the Department for information. | 25 | | (6) Engaging in dishonorable, unethical or |
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| 1 | | unprofessional
conduct of a
character likely to deceive, | 2 | | defraud or harm the public. | 3 | | (7) Habitual use or addiction to alcohol, narcotics,
| 4 | | stimulants, or any
other chemical agent or drug which | 5 | | results in the inability to practice
with reasonable | 6 | | judgment, skill or safety. | 7 | | (8) Discipline by another U.S. jurisdiction if at
least | 8 | | one of the grounds for the discipline is the same or | 9 | | substantially
equivalent to those set forth herein. | 10 | | (9) A finding by the Department that the licensee, | 11 | | after having
his or her license
placed on probationary | 12 | | status has violated the terms of probation. | 13 | | (10) Willfully making or filing false records or | 14 | | reports in
his or her
practice,
including but not limited | 15 | | to false records filed with State agencies or
departments. | 16 | | (11) Physical illness, mental illness, or other | 17 | | impairment or disability, including, but not limited to,
| 18 | | deterioration
through the aging process, or loss of motor | 19 | | skill that results in
the
inability to practice the | 20 | | profession with reasonable judgment, skill or safety. | 21 | | (12) Disregard or violation of this Act or of any rule
| 22 | | issued pursuant to this Act. | 23 | | (13) Aiding or abetting another in the violation of | 24 | | this Act
or any rule
or regulation issued pursuant to this | 25 | | Act. | 26 | | (14) Allowing one's license to be used by an unlicensed
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| 1 | | person. | 2 | | (15) (Blank).
| 3 | | (16) Professional incompetence in the practice of | 4 | | nursing
home administration. | 5 | | (17) Conviction of a violation of Section 12-19 or | 6 | | subsection (a) of Section 12-4.4a of the
Criminal Code of
| 7 | | 1961 or the Criminal Code of 2012 for the abuse and | 8 | | criminal neglect of a long term care facility resident. | 9 | | (18) Violation of the Nursing Home Care Act, the | 10 | | Specialized Mental Health Rehabilitation Act of 2013, the | 11 | | ID/DD Community Care Act, or the MC/DD Act or of any rule
| 12 | | issued under the Nursing Home Care Act, the Specialized | 13 | | Mental Health Rehabilitation Act of 2013, the ID/DD | 14 | | Community Care Act, or the MC/DD Act. A final adjudication | 15 | | of a Type "AA" violation of the Nursing Home Care Act made | 16 | | by the Illinois Department of Public Health, as identified | 17 | | by rule, relating to the hiring, training, planning, | 18 | | organizing, directing, or supervising the operation of a | 19 | | nursing home and a licensee's failure to comply with this | 20 | | Act or the rules adopted under this Act, shall create a | 21 | | rebuttable presumption of a violation of this subsection. | 22 | | (19) Failure to report to the Department any adverse | 23 | | final action taken against the licensee by a licensing | 24 | | authority of another state, territory of the United States, | 25 | | or foreign country; or by any governmental or law | 26 | | enforcement agency; or by any court for acts or conduct |
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| 1 | | similar to acts or conduct that would constitute grounds | 2 | | for disciplinary action under this Section. | 3 | | (20) Failure to report to the Department the surrender | 4 | | of a license or authorization to practice as a nursing home | 5 | | administrator in another state or jurisdiction for acts or | 6 | | conduct similar to acts or conduct that would constitute | 7 | | grounds for disciplinary action under this Section. | 8 | | (21) Failure to report to the Department any adverse | 9 | | judgment, settlement, or award arising from a liability | 10 | | claim related to acts or conduct similar to acts or conduct | 11 | | that would constitute grounds for disciplinary action | 12 | | under this Section. | 13 | | (22) Failure to submit any required report under | 14 | | Sections Section 80-10 and 85-10 of the Nurse Practice Act. | 15 | | All proceedings to suspend, revoke, place on
probationary | 16 | | status, or take any other disciplinary action
as the Department | 17 | | may deem proper, with regard to a license
on any of the | 18 | | foregoing grounds, must be commenced within
5
years next after | 19 | | receipt by the Department of (i) a
complaint
alleging the | 20 | | commission of or notice of the conviction order
for any of the | 21 | | acts described herein or (ii) a referral for investigation
| 22 | | under
Section 3-108 of the Nursing Home Care Act. | 23 | | The entry of an order or judgment by any circuit court | 24 | | establishing that
any person holding a license under this Act | 25 | | is a person in need of mental
treatment operates as a | 26 | | suspension of that license. That person may resume
their |
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| 1 | | practice only upon the entry of a Department order based upon a
| 2 | | finding by the Board that they have been determined to
be | 3 | | recovered from mental illness by the court and upon the
Board's | 4 | | recommendation that they be permitted to resume their practice. | 5 | | The Department, upon the recommendation of the
Board, may
| 6 | | adopt rules which set forth
standards to be used in determining | 7 | | what constitutes: | 8 | | (i)
when a person will be deemed sufficiently
| 9 | | rehabilitated to warrant the public trust; | 10 | | (ii)
dishonorable, unethical or
unprofessional conduct | 11 | | of a character likely to deceive,
defraud, or harm the | 12 | | public; | 13 | | (iii)
immoral conduct in the commission
of any act | 14 | | related to the licensee's practice; and | 15 | | (iv)
professional incompetence in the practice
of | 16 | | nursing home administration. | 17 | | However, no such rule shall be admissible into evidence
in | 18 | | any civil action except for review of a licensing or
other | 19 | | disciplinary action under this Act. | 20 | | In enforcing this Section, the Department or Board, upon a | 21 | | showing of a
possible
violation,
may compel any individual | 22 | | licensed to practice under this
Act, or who has applied for | 23 | | licensure
pursuant to this Act, to submit to a mental or | 24 | | physical
examination, or both, as required by and at the | 25 | | expense of
the Department. The examining physician or | 26 | | physicians shall
be those specifically designated by the |
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| 1 | | Department or Board.
The Department or Board may order the | 2 | | examining physician to present
testimony
concerning this | 3 | | mental or physical examination of the licensee or applicant. No
| 4 | | information shall be excluded by reason of any common law or | 5 | | statutory
privilege relating to communications between the | 6 | | licensee or applicant and the
examining physician.
The | 7 | | individual to be examined may have, at his or her own
expense, | 8 | | another physician of his or her choice present
during all | 9 | | aspects of the examination. Failure of any
individual to submit | 10 | | to mental or physical examination, when
directed, shall be | 11 | | grounds for suspension of his or her
license until such time as | 12 | | the individual submits to the
examination if the Department | 13 | | finds, after notice
and hearing, that the refusal to submit to | 14 | | the examination
was without reasonable cause. | 15 | | If the Department or Board
finds an individual unable to | 16 | | practice
because of the reasons
set forth in this Section, the | 17 | | Department or Board shall
require such individual to submit to | 18 | | care, counseling, or
treatment by physicians approved or | 19 | | designated by the
Department or Board, as a condition, term, or | 20 | | restriction for
continued,
reinstated, or renewed licensure to | 21 | | practice; or in lieu of care, counseling,
or
treatment, the | 22 | | Department may file, or the Board may recommend to the
| 23 | | Department to
file, a complaint to
immediately suspend, revoke, | 24 | | or otherwise discipline the license of the
individual.
Any | 25 | | individual whose license was granted pursuant to
this Act or | 26 | | continued, reinstated, renewed,
disciplined or supervised, |
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| 1 | | subject to such terms, conditions
or restrictions who shall | 2 | | fail to comply with such terms,
conditions or restrictions
| 3 | | shall be referred to the Secretary
for a
determination as to | 4 | | whether the licensee shall have his or her
license suspended | 5 | | immediately, pending a hearing by the
Department. In instances | 6 | | in which the Secretary
immediately suspends a license under | 7 | | this Section, a hearing
upon such person's license must be | 8 | | convened by the
Board within 30
days after such suspension and
| 9 | | completed without appreciable delay. The Department and Board
| 10 | | shall have the authority to review the subject administrator's
| 11 | | record of treatment and counseling regarding the impairment,
to | 12 | | the extent permitted by applicable federal statutes and
| 13 | | regulations safeguarding the confidentiality of medical | 14 | | records. | 15 | | An individual licensed under this Act, affected under
this | 16 | | Section, shall be afforded an opportunity to
demonstrate to the | 17 | | Department or Board that he or she can
resume
practice in | 18 | | compliance with acceptable and prevailing
standards under the | 19 | | provisions of his or her license. | 20 | | (b) Any individual or
organization acting in good faith, | 21 | | and not in a wilful and
wanton manner, in complying with this | 22 | | Act by providing any
report or other information to the | 23 | | Department, or
assisting in the investigation or preparation of | 24 | | such
information, or by participating in proceedings of the
| 25 | | Department, or by serving as a member of the
Board, shall not, | 26 | | as a result of such actions,
be subject to criminal prosecution |
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| 1 | | or civil damages. | 2 | | (c) Members of the Board, and persons
retained under | 3 | | contract to assist and advise in an investigation,
shall be | 4 | | indemnified by the State for any actions
occurring within the | 5 | | scope of services on or for the Board, done in good
faith
and | 6 | | not wilful and wanton in
nature. The Attorney General shall | 7 | | defend all such actions
unless he or she determines either that | 8 | | there would be a
conflict of interest in such representation or | 9 | | that the
actions complained of were not in good faith or were | 10 | | wilful and wanton. | 11 | | Should the Attorney General decline representation,
a | 12 | | person entitled to indemnification under this Section shall | 13 | | have the
right to employ counsel of his or her
choice, whose | 14 | | fees shall be provided by the State, after
approval by the | 15 | | Attorney General, unless there is a
determination by a court | 16 | | that the member's actions were not
in good faith or were wilful | 17 | | and wanton. | 18 | | A person entitled to indemnification under this
Section | 19 | | must notify the Attorney General within 7
days of receipt of | 20 | | notice of the initiation of any action
involving services of | 21 | | the Board. Failure to so
notify the Attorney General shall | 22 | | constitute an absolute
waiver of the right to a defense and | 23 | | indemnification. | 24 | | The Attorney General shall determine within 7 days
after | 25 | | receiving such notice, whether he or she will undertake to | 26 | | represent
a
person entitled to indemnification under this |
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| 1 | | Section. | 2 | | (d) The determination by a circuit court that a licensee is | 3 | | subject to
involuntary admission or judicial admission as | 4 | | provided in the Mental
Health and Developmental Disabilities | 5 | | Code, as amended, operates as an
automatic suspension. Such | 6 | | suspension will end only upon a finding by a
court that the | 7 | | patient is no longer subject to involuntary admission or
| 8 | | judicial admission and issues an order so finding and | 9 | | discharging the
patient; and upon the recommendation of the | 10 | | Board to the Secretary
that
the licensee be allowed to resume | 11 | | his or her practice. | 12 | | (e) The Department may refuse to issue or may suspend the | 13 | | license of
any person who fails to file a return, or to pay the | 14 | | tax, penalty or
interest shown in a filed return, or to pay any | 15 | | final assessment of tax,
penalty or interest, as required by | 16 | | any tax Act administered by the Department of Revenue, until | 17 | | such time as the requirements of any
such tax Act are | 18 | | satisfied. | 19 | | (f) The Department of Public Health shall transmit to the
| 20 | | Department a list of those facilities which receive an "A" | 21 | | violation as
defined in Section 1-129 of the Nursing Home Care | 22 | | Act. | 23 | | (Source: P.A. 98-104, eff. 7-22-13; 98-990, eff. 8-18-14; | 24 | | 99-180, eff. 7-29-15.) | 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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